My first Arraignment was today.

Hi, Gramps.
Thanks for sticking up for me. I really appreciate it.
I have in my possession a page printed from Oregon State Lands website stating that the only area closed to dredging is in the "Wild" part of the wild and scenic waterway from Graves Creek to Watson Creek. The Forest Service is trying to force a closure of the entire scenic waterway. Even our county sheriff couldn't tell me what was closed. Then I found that page on OSL showing the closure. The forest service came into my camp on Sept. 22 and addressed me by name. No, I hadn't ever talked to him before. He once stood behind me while I was talking with some employees of USFS but that was 2 years earlier. When he stepped out of his truck he said "Mr. Waters I presume" Then he proceeded to take pictures of my dredge on a pick-up bed trailer. Then he asked me what gave me the right to have that equipment in this area. I went for my paperwork and pulled out the 1866 & 1872 mining laws and the Wild and Scenic Rivers Act. I was reading him an e-mail from a member of SWOMA when he asked for my permit. I showed him a copy of my permit issued by Oregon State Lands. He wrote it down while I was trying to finish reading the e-mail, got back in his truck and told me I could expect a visit from OSP. I held my outing for the North Bend Prospectors between Sept. 22nd and 25th. On Sept. 26th without incident.
The Rogue River is open to dredging from May 01 through Sept. 30 each year.
I was cited on Sept. 26 by USFS for "Dredging in an area withdrawn from mining/ causing significant surface disturbance." 36 CFR 261.10a
OSP has cited me for 468.943 "Water pollution no NPDES 700permit"(which is a permit to run a sewer treatment plant) and 468.943 "Water pollution prohibited area" so it sounds like if I'd had that NPDES 700 PM permit I would have had permission from the state to "Pollute in a prohibited area." First and foremost it has never been proved that moving material from one spot to another spot within the wetted perimator causes pollution. If the river is already polluted I would expect Department of Enviromental Quality to clean it up but they have never done anything to clean up the river, including severe fines to upriver towns who let their sewer treatment plants overflow into the river.

cowboy444

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Hey Homey he said he had a printed description of the withdrawn area and he was in it.  FS rangers cannot arbitrarily chose what part of a river is withdrawn.  Public meetings have to be held, then a decision is made (we usually get screwed) as to what is closed and when the closure starts and then that has to be published.  If the states web site did not indicate the area Randy was working as closed then Ranger Numb Nuts was wrong and the OSP were suckered and misused by said ranger.

Gramps

BTW: I am not a lawyer nor have I played one on the tube.

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You're still not getting the point he knows whereto and not to dredge, Quote "I have in my possession a page printed from Oregon State Lands website stating that the only area closed to dredging is in the "Wild" part of the wild and scenic waterway from Graves Creek to Watson Creek."  Ranger Numb Nuts decided to shut down a section of the river that was open and that he does not have the power to do and then involce the OSP in his F***up.  Why are you and others trying to nail Randy's ass to the barn door, he was within the time frame allotted by the state, he had his permit and he was working in a section of river not closed to dredging?  What else can a man do to be within the law?

Gramps

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Damn it how many times must this be said "he was not breaking the law".  The season for that river is 01 May to 30 Sept.. the ranger showed up on the 22 of Sept. 8 days before end of season and the "Smokie" cited him on 26 Sept. 4 days before end of season.  He had his permit to dredge, what he did not have was a permit to put sewage in the river.  And I am sure he can read a map and knows where the two creeks are that set the upper and lower boundries for the "wild" and thus closed section of the river are and he was not in that area.  So again I say "he was not breaking the law", public cannot arbitrarily put areas off limits there are procedures to follow to do that.  As to just pay the fine and stop being a crybaby, that is the most disturbing thing I've heard.  To make a play on Mr. Franklin's words "those who will not stand up for their rights will in the end have none".

Give me Liberty or Give me death.
Patrick Henry & me,
Gramps

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Whooooooooooooe Horsey!


I'm not trying to nail anyone on anything.

I think the Forest guys started something they found to be wrong and to save face they pushed it on the the State Police who had nothing to do with it in the first place.

If in fact they claim closure of a section of the river not acknowledged by the BLM or Posted in the DNR records they are in the wrong.

That being the case may be why they chose the Pollution thing in lue of Dredging thing.

They will have no proof and all will come out in the wash.





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